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f • '­

• HAZARDOUS WASTE MANAGEMENT 

STATUTE 

(Codified ·as Chapter 70.105 RCW· 

"Hazardous Waste Disposal") 

AMENDED 1984 SESSION 

REPRINTED 

JANUARY 1985 

STATE OF WASHINGTON 

D.EPARTMENT. OF ECOLOGY 

OLYMPIA,. WASHINGTON 98504 

• 

I 
•	 Chapter 70.105 RCW 

HAZARDOUS WASTE DISPOSAL
 

Sections 

70.105.010	 Definitions. 

70.105.020'	 Standards and regulations--Adoption--Notice and 

hearing-Consuttation with other agencies. 

70.105.030	 List and information to be furnished by depositor of 

hazardous waste--Rules and regulations. 

70.105.040	 DisPosal site or facility--Acquisition--Disposal fee 

schedule. 

70.105.050	 Disposal at other than approved.site prohibited--, 

Exception. 

70.105.060	 Review of rules. regulations. criteria and fee schedules. 

70.105.070	 Criteria for receiving waste at disposal site. 

70.105.080	 Violations-Civil penalties--Enforcement-­

, Procedure. 

70.105.090	 Violations--Gross misdemeanor. 

70.105.095	 Issuance of order requiring compliance--Penalty for 

noncompliance--Hearing--Appeal to pollution 

control hearings' board. 

70.105.097	 Action for damages resulting from violation--Attorneys' fees.' 

70.105.100	 Powers and duties of department. 

70.105.110	 Application of chapter to radioactive waste-,-Regulation of dangerous wastes associated with energy 

facilities. 

70.105.120	 Authority of attorney general. 

.' 70.105: 130 Department's powers as designated agency under federal act. 

70.105.140	 Rules implemented under RCW 70. 105.1 30--Review. 

70.105.145	 Department's authority to participate in and administer 

federal act. 

70.105'.150 Declaration--Management of hazardous waste-­

Priorities-Definitions~

70.105.160	 Waste management study--Public hearings-­

,Adoption ,or modification of rules--Recommendations to 'legislature. 

70.105.165	 Disposal of dangerous wastes at commercial off-site 

land disposal facilities-,-Limitations. . ' 

70.105.170	 Waste management--Consultative services-'­

Technical assistance--Confidentiality. 

70.105.180	 Disposition of fines and penalties. 

Hazardous materials incidents. handling and liability: RCW 70.136­

.0 I0 through 70.136.070. 

Hazardous waste regulation: Chapter 70.105A RCW. 

Transport of hazardous materials. state patrol authority over: Chapter 

46.48 RCW. 

RCW 70.10S.010 Definitions. The words and 

phrases defined in this section shall have the meanings 

indicated when used in this chapter unless the context 

clearly requires otherwise. \ "

( ]) "Department" means the department of ecology. 

(2) ," Director" means the director of the department 

of ecology or his designee., 

(3) "Disposal site" means a geographical site in or 

upon which extremely hazardous wastes' are disposed of 

in accordance with the provisions of this chapter. 

(4) "Dispose or disposal" means the discarding or 

abandoning of extremely hazardous wastes or the treat­

.nent, decontamination, or re'cycling of such wastes once 

'., / they have been discarded or abandoned. 

(5) "Dangerous wastes" means any discarded, useless,. 

unwanted, or abandoned' nonradioactive substances, including but not limited 'ro'-certaln'pestiCides, or any residues or containers of such substances which are disposed 

of in such quantity or concentration as to pose a sub- r 

stantial present or potential hazard to hur:nan health, 

wildlife, or the environment because such wastes or constituents or combinations of such wastes: 

(a) Have short-lived, toxic properties, that may cause 

death, injury, or illness or have mutagenic, teratog.enic, 

or carcinogenic properties; or 

(b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means. 

(6) "Extremely hazardous waste" means any dangerous waste which 

(a) will persist in a hazardous form for several years 

or more at a disposal site and which in its persistent 

form 

(i) presents a significant environmental hazard and 

may be concentrated by living organisms through a food 

chain or may affect the genetic make-up of man or 

wildlife, and 

(ii) is highly toxic to man or wildlife 

(b) if disposed of at a disposal'site in such quantities 

as would present an extreme hazard to' man or the 

environment. 

(7) Person" means any person, firm, association,. 

county, public or municipal or private corporation, 

agency, or other 'entity whatsoever. 

(8) "Pesticide" shall have the meaning of the term as 

defined in RCW 15.58.030, as now or hereafter 

amended. 

(9) "Solid waste advisory committee" means the same 

advisory committee as per RCW 70.95.040 through 70­

.95.070. [1975-'76 2nd ex.s. c ]0 I § ,I.] 

Appropriation--1975-'76 2nd ex.s. c 101 § 12: "There is' appropriated to the department of ecology from 'the state and local improvements revolving account of the general fund out of the proceeds of the 

sale 'of bonds or notes as authorized in chapter 43.83A RCW (Referendum 26) the sum of one million three hundred fifty-three thousand 

dollars. or as much thereof as may be necessary. for the following 

purposes: 

(I) The sum of one hundred fifty-three thousand dollars for the department to develop a comprehensive plan for the adequate treatment 

of extremely hazardous wastes being generated, in the state. and the 

techniques and requirements necessary for adequately disposing of 

such wastes and for securing and monitoring disposal sites. The objective of such a comprehensive plan shall be to determine the statewide 

facility requirements for the adequate disposal of extremely hazardous 

wastes being generated in the state and for those expected to be generated in the future. 

(2) The sum of one million two hundred thousand dollars for the 

purchase of real property on the Hanford Reservation by the department for the construction of a disposal site for extremely hazardous 

wastes and for the construction of facilities necessary for the operation 

of the disposal site including. but not limited to. security and monitoring facilities.' [1975-'76 2nd ex.s. c 101§ 12.] 

. (1984 laws) '. [eb. 70~IOS RCW-:-:-p I) 

.;, '. .", . -. -'! '. .:' ..;. 
70.105.020 Hazardous Waste Disposal 

RCW 70.105.020 Standards and regulations-­

Adoption---Notice and hearing--Consultation with 

other agencies. The department after notice and public 

hearing shall: 

(1) Adopt regulations' designating as extremely hazardous wastes subject to the provisions of this chapter 

those substances which exhibit characteristics consistent 

with the definition provided in RCW 70.105.010(6); 

, (2) Adopt and may revise when appropriate, minimum standards and regulations for disposal of extremely 

hazardous wastes to protect against hazards to the public, and to the environment. Before' adoption of such 

standards and regulations, the department shall consult 

with appropriate agencies of interested local governments and secure technica,l assistance from the department of agriculture, the department of social and health 

services, the department .of game, the department of 

natural resources, the department of fisheries, the department of labor and industries, and the state' fire mar- ' 

sh~l. [1975-'76 2nd ex.s. c 101 2.] 

RCW 70.105.030 List and information to be' furnished by, depositor of hazardous waste---Rules and 

regulations. (l) After the effective date of the regulations adopted by the department designating extremely 

hazardous wastes, any person planning to dispose of extremely hazardous waste as designated by the department shall provide the operator of the disposal site with 

a list setting forth the extremely hazardous wastes for 

disposal, the amount of such wastes, the general chemical and mineral composition of such waste listed by approximate maximum and minimum percentages, and the 

origin of any such waste. Such list, when appropriate, 

shall include information on antidotes, first aid, or safety 

measures to be taken in case' of accidental contact with 

the particular extremely hazardous waste being disposed. 

(2) The department shall adopt and enforce all rules 

and regulations including the form and content of the 

list, necessary and appropriate to accomplish the 'purposes of subsection (l) of this section. [1975-'76 2nd 

ex.s. c 101 § 3.] 

RCW 70.105.040 Disposal site or facility--Acquisition--Disposal fee schedule. (1) The department 

through the department of general administration, is 

authorized to acquire 'interests in real property' from the 

federal government on the Hanford Reservation by gift, 

purchase, lease, or other means, to be used for the pur­

. pose of ~eveloping,operating, and maintaining an extremely hazardous waste disposal site or facility by the 

department, either directly or by agreement with public 

or private persons or entities: Provided, That lands acq uired under this section shall not be inconsistent with a 

local comprehensive plan approved prior to January. 1, 

1976: And provided further, That no lands acquired under this section shall be subject to land use regulation by 

a local government. 

(2) The department may establish an appropriate fee 

schedule for use of such disposal facilities to offset the 

cost of administration of this chapter and the cost of de­


velopment, operation, maintenance, and perpetual man­


agement of the disposal site. If operated by a private c·
 

entity, the disposal fee may be such as to provide a rea­


sonable profit. [1975-'76 2nd ex.s. c 101 § 4.]
 

RCW 70.105.050 Disposal at other than approved 

site prohibited-,-Exception. No person shall dispose of 

designated extremely hazardous wastes at any disposal' 

site in the state other than the disposal site established 

and approved for such purpose under provisions of this 

chapter, except when such wastes are going to a processing facility which will result in the waste being reclaimed, treated, detoxified, neutralized, or otherwise, 

processed to remove its harmful properties or characteristics. [1975-'76 2nd ex.s. c 101 § 5.] 

RCW 70.105.060 , Review of'ruies, regulations, criteria and fee schedules. All rules, regulations, criteria, and 

fee schedules adopted by the department to implement 

the provisions of this chapter shall be reviewed by the 

solid waste advisory committee for the purpose of recommending revisions, additions, or modifications thereto 

as provided for the revIew of solid waste regulations and 

standards pursuant to chapter 70.95 RCW. [1975-'76 

2nd ex.s. c 101 § 6.] , 

RCW 70.105.070 Criteria for receiving. waste at disposal site. The department may elect to receive dangerous waste at the site provided, under this chapter, 

provided 

(i) it is upon request of the owner, producer, or person having custody of the waste, and 

(2) upo,n the payment of a 'fee to cover disposal . 

(3) it can be reasonably demonstrated that there is no 

other disposal sites in the state that will handle such 

dangerous w.aste, and ' 

(4) the site is designed to handle such a request or can 

be modified to the extent, necessary ,to adequately dispose of the waste, or 

(5) if a demonstrable emergency and potential threat 

to the public health and safety exists. [1975-'76 2nd 

ex.s. c 101 § 7.] 

RCW 70.105.080 Violations--Civil penalties-­

Enforcement--Procedure. (1) Every person who fails 

to comply with any provision of this chapter or of the 

rules adopted thereunder shall be subjected to a penalty 

in an amount of not more than ten thousand dollars per 

day for eve'ry such violation. Each and every such violation shall be a separate and distinct offense. In case of 

continuing violation, every' day's continuance shall be a 

separate and distinct violation. Every person who, 

through an act of commission or omission, procures, 

aids, or abets in the violation shall be considered to have 

violated the provisions of this section and shall be, subject to the penalty herein provided. 

(2) The penalty provided for in this section shall be 

imposed by a notice in writing, either by certified mail 

with return receipt requested or by personal service, to 

lCh. 70.105 RCW-p 1) (1984 ~w~)", . 
Hazardous Waste Disposal 70.105.100 

•

. the person incurring the sa'me from the department, describing the violation with. reasonable particularity. 

Within fifteen days after the notice is received, the person incurring the penalty may apply in writing to the 

department for the' remission or mitigation of such penalty. Upon receipt of the application, the department 

may remit or mitigate tne pelJalty upon whatever terms 

the department in its discretion deems proper, giving 

consideration to the degree of hazard associated with the 

violation, provided the department deems such r~mission

or' mitigation to be in the best interests of carrying out 

the purposes of this chapter. The department of ecology 

shall have authority to ascertain the facts regarding all 

such applications in such reasonable manner and under 

such rules as it may deem proper. Ariy penalty imposed 

by the provisions of this section shall be subject to review by the pollution .control hearings board in accord-. 

ance with chapter 43.218 RCW. 

• 

(3) Any penalty imposed by this section shall become 

due and payable thirty days after receipt of.a notice imposing the same unless application for remission or mitigation is made or petition for review by the hearings 

board is filed. When such an application for remission or 

mitigation is made, any penalty incurred pursuant to this 

section shall become du~ and payable thirty days after 

receipt of notice setting forth the disposition of such application. Any penalty resulting from a decision of the 

hearings board shall become due and payable thirty days 

after receipt of the notice setting forth the decision. 

(4) If the amount of any penalty is not paid to the 

department of ecology within thirty days after it becomes due and payable, the attorney general, upon the 

request of the director, shall bring an. action in the name 

of the state of Washington in the superior court of 

Thurston county, or of any county in which such violator 

may' db business, to recover such penalty. In all such (actions, the procedure and rules of evidence shall be the 

same as an ordinary civil. action except as otherwise in 

this chapter provided. [1983 c 172 § 2; 1975-:-'76 2nd 

ex.s. c 101 § 8.] 

Severability--.1983 c 172: See note following RCW 70.105.097. 

RCW 70.105.090 Yiolations-Gross misdemeanor. In addition to the.penalties imposed pursuant to 

RCW 70.·105.080, any person who' violates any provisions of this chapter, or of the rules implementing this 

chapter, .and any person who knowingly aids or abets 

another in conducting any violation of any provisions of 

this c~apter, or of the rules implementing this chapter, 

• 

. shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not less than 

one hundred dollars nor more than ten thousand dollars, 

and/or by imprisonment in the county jail for not more 

than one year, for each separate violation. Each and every such violation shall be a separate and distinct offense. In case of continuing violation, every day's 

continuance shall be a separate and distinct offense. 

1984 c 237 § 1; 1.983 c 172 § 3; 1975-'76 2nd ex.s. c 

~101§9.].

Severability--1983 c 172: See note following RCW 70.105.097. 

RCW 70.105.095 Issuance of order requiring com­

. pliance--Penalty for noncompliance--Hearing-­

Appeal to ~lIution control hearings board. (1) Whenever 

on the basis on any information the department determines that a person has violated or is about to violate 

any provision of this chapter, the department may .issue 

an order requiring compliance either immediately or 

within a specified period of time. The order shall. be 

delivered. by registered' mail or personally to the person 

against whom the order is directed. 

. (2) Any person who fails to take corrective action as 

specified in a compliance order shall be liable for a civil 

penalty of not more than ten thousand dollars for each 

day of continued noncompliance. In addition, the department may suspend or revoke any permits and/or 

certificates issued under the provisions of this chapter to 

a person who fails to comply with an order directed 

against him. 

(3) Any order shall become final unless, no later than 

thirty days after the order is served, the person or persons named in the order request a public hearing. The 

request shall be delivered either by registered mail or 

personally to the department. Upon receiving a request 

for a hearing, the department shall promptly conduct a 

public hearing to consider testimony and new information regarding the order. The department may, at its 

discretion, either modify the order or maintain it unchanged. The order shall become effective immediately 

after the department reaches a final decision, unless th"e 

department modifies the order to specify another compliance date. 

(4) Any person directly affected by a compliance order or by any decision of the department regarding a 

compliance order may appeal the order or decision to the 

pollution control 'hearings board in accordance with 

chapter 43.218 RCW. [1983 c 172 § 4.] 

Severability--1983 c 172: See note following RCW 70.105.097. 

RCW 70.105.097 Action for damages resulting from 

violation-Attorneys' fees. A person injured as a result 

of a violation of this chapter or the rules adopted thereunder may bring an action in superior court for the recovery of the damag<:(s. A conviction or imposition of a 

penalty under this chapter is not a prerequisite to an action under this section. 

The court may award reasonable attorneys' fees to a 

prevailing injured party in an action under this section. 

[1983 c 172 § 1.] 

Severability--1983 c 172: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder 

of the act or the application of the provision to other persons or circumstances is not affected." [1983 c 172 § 5. ] 

RCW 70.105.100 Powers and duties of department. 

. The department in performing its duties under this 

chapter may: 

(1) Conduct studies and coordinate research programs 

pertaining to extremely hazardous waste management; 

(2) Render technical assistance to generators of dangerous and extremely hazardous wastes and to state and 

'(1984 Laws) [Ch. 70.105 RCW-p 3) 

~.~;;d;~i;klt~;ttf~.\:&.~~ ••·.. 
70.105.100	 Hazardous Waste Disposal. 

IC?cal agencies in the planning and operation of hazardous waste programs; 

(3) Encourage and provide technical assistance ,to 

waste generators to form and operate a "waste exchange" for the purpose of finding. users for dangerous 

and extremely hazardous wastes that would otherwise be 

disposed of: Provided,. That 'such technical assistance 

shall not violat~ the confidentiality· of manufacturing 

processes; and , 

(4) Provide for appropriate surv~illance and monitoring of extremely hazardous waste disposal practices in 

the state. [1975-'76 2nd ex.s. c 101 § 10.]­

,

\ RCW 70.105.110 Application of chapter to radioactive waste--Regulation of dangerous wastes associated 

with' energy facilities. (1) With the exceptjon of subsection (2), nothing in this chapter shall apply to any radioactive waste or radioactive material. . 

(2) Nothing in this chapter shall alter,. amend, or su~

persede the provisions of chap~er 80.50 RCW, except 

that, notwithstanding any provision of chapter 80.50 

RCW, regulation of dangerous wastes associated with 

energy facilities from generation to disposal shall be 

solely by the department pursuant to chapter 70.105 

RCW. In the implementation of said section, ·the de-' 

partment shall consult and cooperate with the energy 

-facility site evaluation council and, in order to reduce 

duplication of effort and to provide necessary coordina­

.tion	 of monitoring and on-site inspec~ion programs at 

energy facility sites, anyon-site inspection by the department that may, be required for the purposes of this 

chapter shall be performed pursuant to an interagency 

coordination agreement with the council. 

(3) To facilitate the implementation of this chapter, 

the energy facility site evaluation council may require 

certificate holders to remove from their energy facility 

sites any dangerous wastes, controlled by this chapter, 

within ninety days of their generation. [1984 c 237 § 3; 

1975-'76 2nd ex.s. c 101 § 11.] 

RCW 70.105.120 Authority of attorney general. At 

the request of the department.. the attorney general is 

authorized to bring.such injunctive, declaratory, 'or other 

actions to enforce any requirement of this chapter. [1980 

c 144 § 2:] '-

RCW 70.105.130 Department's powers as designated 

agency under federal act. (1)' The department is designated as the state agency for implementing. the federal 

resource conservation and recovery act (42 U.S.C. Sec. 

6901 et seq.). 

(2) The power granted to the department by this section is the authority to: 

. (a) Establish a permit system for owners. or operators 

of facilities, which:r'freat, store, or dispose of dangerous 

wastes:' Provided, That spent containers of pesticides or 

herbicides. which have been used in normal farm operations and which are not extremely hazardous wastes, 

shall not be subject to the permit system; 

(b) Establish standards for the safe transport, treatment, storage, and disposal of dangerous wastes as may 

.. 

.(~ 7o.~05 R~~ 4)', .. ' 

be necessary to protect human health and the 

environment; 

(c) Establish, to implement this section: o

(i) A manifest system to track dangerous wastes; 

(ii) Reporting, monitoring, recordkeeping, labeling,' 

sampling requirements; and 

(iii) Owner, operator, and transporter responsibility; 

(d) Enter at reasona,ble times establishments regu-. 

lated under this section for the purposes of inspection, 

monitoring, and sampling; and 

(e) Adopt rules necessary to implement this section. 

[1980 c 144 § 1.] 

RCW 70.105.140 Rules implemented under RCW 

70.105.13~Review. Rules implementing RCW 70­

,105.130 shall be submitted to the house and senate 

committees on ecology for review prior to being adopted 

in accordance with chapter 34.04 RCW. [1980 c 144 § 

3.]	 . 

RCW 70.105.145 Department's authority to partiCipate in and administer federal act. Notwithstanding any 

other provision of chapter 70.105 RCW, the department 

of ecology is' empowered to participate fully in and is 

empowered to administer all aspects of the programs of 

the federal Resource Conservation and Recovery Act, as 

it existson'June-1; 1984, (42 U.S.C. Sec. 6901 et seq.), 

contemplated Tor partiCipation and administration by a 

state under that act. [i 984 c 237 § 2; 1983 c 270 § 2.] 

Severability--1983 c 270:. See note following RCW 90.48.260. 

RCW 70.105.150 Deciaratio~Management of 

hazardous waste--Priorities-Definitions. The legislature hereby declares that: 

(1) The heahh and welfare of the people of the state 

depend on clean and pure environmental resources unaffected by hazardous waste contamination. Management 

and regulation of hazardous waste disposal should encourage practices which result in the least amount of 

waste being produced. Towards that end, the legislature 

finds that the following priorities in the management of 

hazardous waste are necessary and should be followed in 

order of descending priority as applicable: 

(a) Waste reduction; 

(b) Waste' recycling; 

(c) Physical, chemical, and biological treatment; 

(d) Incineration; 

(e) Solidification/stabilization tr~eatment;
 

. (f) Landfill.
 

(2) As used in this s'ection: 

(a) "Waste reduction" means reducing waste so that 

hazardous byproducts are not produced; 

(b) "Waste recycling" means reusing waste materials 

and extracting valuable materials from a waste stream; 

(c) "'Physical, chemical, and biological treatment" 

means processing the waste to render it completely innocuous, produce a recyclable byproduct, reduce toxicity, or substantially reduce the volume of material 

requiring disposal; 

. (1984 Laws) 

~g~·i~:f:'Ui~~~{·_·~~j:;·;:;;~);;rii)~;L.~_·:;::~:t~~'" ,:..(.~···''-~",'''~';':;i..,~,.:~,o.:.,.:c.::''';;.<j::!:.
Hazardous Waste Disposal 70.105.180 

• (d) "Incineration" means reducing the volume or toxicity of wastes by use of an enclosed device using con- " 

troJled flame combustion; " 

(e) "Solidification/stabilization treatment" means the 

use of encapsulation' techniques to solidify wastes and 

make them less permeable or leachable; and . 

(f) n Landfill n ineans a disposal facility, or par"t "of a 

facility, at which waste is placed in or on land and which' 

is not a land" treatment facility, surface impoundment, or 

injection well. [1983 1st ex.s. c 70 § 1.] 

RCW 70.105.160 Waste management study-­

Public hearings-"-Adoption or modification of 

rul~Recommendations to legislature. The department shall conduct a" study to determine the best management practices for" categories of waste for the priority" 

waste management methods established in RCW 70­

.105.150, with due consideration in the course of the 

study to sound environmental management and available 

technology. As an element of the stu~y, the department 

shall review methods that will help achieve the priority 

of RCW 70.105.150(1)(a), waste reduction. Before issuing any proposed regulations", the department shall conduct public hearings regarding the best management 

practices for the various waste categorie~ studied by the 

department. After conducting the study,' the department J' 

shall prepare new rules or modify existing rules as ap­

"propriate to promote implementation of the priorities es­

,,/""':'"":", tablished in RCW 70.105.150 for management practices 

" ." which assure u"se of sound environmental. management' •

"'techniques and available technology. The preliminary 

study shall be completed by July 1, 1986, and "the rules 

shall be adopted by July 1, 1987. The solid waste advi­

"sory committee shall review" the studies and the new or 

modified rules and submit recommendations to the legislature by January 1, 1988, regarding policy options 

(such "as fee incentives; disposal bans, etc.) that will be 

used to reduce the production of dangerous and ex'" 

tremely hazardous waste in Washington state. 

The studies shall be updated at least once every five 

years. The funding for these studies shall be from the 

hazardous waste, control and elimination account, subject to legislative appropriation. [1984 c 254 § 2;1983 

1st ex.s. c 70 § 2.] 

Severability--1984 C254: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder 

of the act or the application of the provision to other persons or circumstances is not affected." [1984 c 254 § 3,] 

• 

RCW70.105.165 Disposal of dangerous" wastes at 

commercial off-site land disposal facilities--Limitations. (l) Independent of the processing or issuance qf 

any or all federal, state, and local permits for disposal of 

dangerous wastes, no disposal of dangerous w'astes at a 

commercial off-site land disposal facility may be undertaken prior to July I, 1986, unless: ' 

(a) The disposal results from actions taken under 

RCW 70.I05A.060 (2) and (3), or results from other 

~mergency situations; or 

(b) Studies undertak~n by the department under 

"RCW 70.105.160 to determine the best management 

practices for various waste categories under the priority
 

waste management methods established in" RCW 70­


.105.150 are completed for the particular wastes or
 

waste categories to be disposed of and any regulatory
 

revisions deemed necessary by the department are pro­


posed and do not prohibit land disposal of such wastes;
 

or
 

(c) Final regulations have been adopted by the de- ' 

partment that allow" for such disposal. 

(2) Construction of facilities used solely for the pur­


pose of disposal of wastes that have not met the require­


ments of subsection (1) of this section shall not be
 

undertaken by any developer of a dangerous waste disposal facility., "
 

(3) The qepartment shall prioritize the studies of 

waste categories undertaken under RCW 70.105.160 to 

provide initial consideration of ~hose categories most 

likely to be suitable for land disposal. Any regulatory 

changes deemed necessary by the department shall be 

proposed and subjected to the rule-making process by, 

category as the study of each waste category is completed. All of the study shall be completed, and implementing regulations proposed, by July 1, 1986. 

(4) Any final permit issued by the department before 

the adoption of rules promulgated as a resul't of the 

study conducted under RCW 70.1 05.160~shall. be modified as necessary to be consistent with such rules. [1984 

c 254 § 1.] 

Seve.rability--1984 c 2s4:" See note following RCW 70.I05.160~

RCW 70.105.170 Waste management--Consultatil'e services--Technical assistanc~onfidentiality. Consistent with the purposes of RCW 70.105.150 

and 70.105.160, the department is authorized to promote 

the priority waste management methods listed i~ RCW 

70.105.150 by establishing or assisting in the establish­

'ment of: (1) Consultative services which, in conjunction 

with any business or industry requesting such service, 

study and recommend alternative waste management 

practices; and (2) technical assistance, such as a tollfree telephone service, to persons interested in waste 

management alternatives. Any person" receiving such 

service or assistance may, in accordance with state law, 

request confidential treatment of information about their 

manufacturing or business practices. [1983 1st ex.s. c 70 

§ 3.] 

"RCW 70.105.180 Disposition of fines and penalties. 

All fines and penalties collected under this chapter shaJI , 

be deposited in the" hazardous waste control and elimination account, which is hereby created in the state general fund. Moneys in the account collected from fines 

and penalties shall be expended exclusively by the department of ecology for the purposes of *this act, subject 

to legislative appropriation. Other sources of funds. deposited in this account may also be used for the purposes 

of *this act. [1983 1st ex.s. c 70 § 4.] 

·Reviser's note: "This act" [1983 1st ex.s. c 70] consists of RCW 

70.105.150.70.105.160.70.105.170. and 70."105.180. 

, (1984 'Laws) [eb. 70.105 RCW-:-p S] 
• .Chapter 70.105 RCW 

HA·ZARDOUS WASTE DISPOSAL 

Sections 

70.105.010 Definitions. 

70.105.020	 Standards and reguJations--Adoption--Notice and 

hearing--Consultation with other agencies. 

70.105.030	 List and information to be furnished by depositor of 

hazardous waste-Rules and regulations. 

70.105.040	 Disposal site or facility--Acquisition--Disposal fee 

schedule. 

70.105.050	 Disposal at other than approved site prohibited--

Exception. 

70.105.060 Review of rules, regulations, criteria and fee schedules. 

70.105.070 Criteria for receiving waste at disposal site. 

70.105.080	 Violations--Civil penalties--Enforcement--

Procedure. 

70.105.090 Violations-Gross misdemeanor. 

70.105.095	 Issuance of order requiring compliance--Penalty for 

noncompliance-Hearing--Appeal to pollution 

control hearings board. 

70.105.097	 Action for damages resulting from violation--Attorneys' fees. . 

70.105.100 Powers and duties of department. 

70.105.110 Exceptions-Other acts not affected. 

70.105.120 Authority of attorney general. 

70.105.130	 Department's powers as designated agency under federal act. . 

70.105.140 . Rules implemented under RCW 70.105.13Q--Review. 

70.105.145	 Department's authority to participate in and administer 

federal act. 

70.105.150	 Declaration--Management of hazardous waste-.­

Priorities--Definitions. 

70.105.160	 Waste management study--Adoption or modification 

of rules--Recommendations to legislature. 

70.105.170	 Waste management--Consultative services-­

Technical assistance--Confidentiality. 

70.105.180 Disposition of fines and penalties. 

Hazardous materials incidents, handling and liability: RCW 70.136­

.010 through 70.136.070. 

Hazardous waste regulation: Chapter 70.105A RCW. 

Transport of hazardous materials, state patrol authority over: Chapter 

46.48 RCW. 

RCW 70.105.010 Definitions. The words and 

phrases defined in this section shall have the meanings 

indicated when used in this chapter unless the context 

clearly requires otherwise. 

(1) "Department" means the department of ecology. 

(2) "Director" means the director of the department 

of ecology or his designee. 

(3) "Disposal site" means a geographical site in or 

upon which extremely hazardous wastes are disposed of 

in accordance with the provisions of this chapter. 

(4) ." Dispose or disposal" means the discarding or 

abandoning of extremely hazardous wastes or the treatment, decontamination, or recycling of such wastes once 

they have been discarded or abandoned. 

(5) "Dangerous wastes" means any discarded, useless, 

unwanted, or abandoned nonradioactive substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed 

of in such quantity or concentration as to pose a substantial present or potential hazard to human health, 

(1983 Laws) 

wildlife, or the environment because such wastes or constituents or combinations of such wastes: 

(a) Have short-lived, toxic properties that may cause 

death, injury, or illness or have mutagenic, teratogenic, 

or carcinogenic properties; or 

(b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means. 

(6) "Extremely hazardous waste" means any dangerous waste which 

(a) will persist in a hazardous form for several years 

or more at a disposal site and which in its persistent 

form 

(i) presents a significant environmental hazard and 

may be concentrated by living organisms through a food 

chain or may affect the genetic make-up of man or 

wildlife, and 

(ii) is highly toxic to man or wildlife 

(b) if disposed of at a disposal site in' such quantities 

as would present an extreme hazard to man or the 

environment. 

(7) "Person" means any person, firm, association, 

county, public or municipal or private corporation, 

agency, or other .entity whatsoever. 

(8) "Pesticide" shall have the meaning of the term as 

defined in RCW 15.58.030 as now or hereafter 

amended. 

(9) "Solid waste advisory committee" means the same 

advisory committee as per RCW 70.95.040 through 70­

.95.070. [1975-'76 2nd ex.s. c 101 § 1.] 

Appropriation---1975-'76 2nd ex.s. c 101 § 12: "There is appropriated to the department of ecology from the state and local improvements revolving account of the general fund out of the proceeds of the 

sale of bonds or notes as authorized in chapter 43.83A RCW (Referendum 26) the sum of one million three hundred fifty-three thousand 

dollars, or as much thereof as may be necessary, for the following 

purposes: 

(1) The sum of one hundred fifty-three thousand dollars for the department to develop a comprehensive plan for the adequate treatment 

of extremely hazardous wastes being generated in the state, and the 

techniques and requirements necessary for adequately disposing ,of 

such wastes and for securing and monitoring disposal sites. The objective of such a comprehensive plan shall be to determine the statewide 

facility requirements for the adequate 'disposal of extremely hazardous 

wastes being generated in the state and for those expected to be generated in the future. 

(2) The sum of one million two hundred thousand dollars for the 

purchase of real property on the Hanford Reservation by the department for the construction of a disposal site for extremely hazardous 

wastes and for the construction of facilities necessary for the operatiQn 

of the disposal site including, but not limited to, security and monitoring facilities." [1975-'76 2nd ex.s. c 101 § 12.] 

RCW 70.105.020 Standards and regulations-.­

Adoption-Notice and hearing---Consultation with 

other agencies. The department after notice and public 

hearing shall: . 

leb. 70.105 RCW-p 1] 
70.105.020 Hazardous Waste Disposal 

, (1). Adopt regulations designating as e~tremely haz­

'atdous waste's subject to the provisions of this chapier 

those substances whiCh exhibit characteristics consistent 

with 'the definition provided in RCW 70.105.0'10(6); 

(2) Adopt and may revise when appropriate, mininlUin standards and regulations, for disposal of extremely 

ha2;ardous wastes to protect a:g~irist hazards to the pubIfe, 'and, to the enviro'nmerit. Before adoption of such 

standards and regulations, the department shall consult 

with appropriate agencies of interested loca:I governm~ntS and secure technical assistance from t'he departinent of agriculture, the department of social and health 

services, .the depa.rtment of game, the department of 

n~iural resources, the department of fislieiies, the dep;aftment of iabor and industries, and the state fire marshaL [1975-'76 2nd ex.s. c 101 § 2.] 

itt", 70.105.030 List and information to be furfiish~d' by 'depositor of Iulza..dous waste-Rules and 

reguhiti9DS. (1) After the effective date of the regulations adopted' by the department designating extremely 

hazardous wastes, any person planning to dispose of extremely hazardous waste as designated by the departili:ent shall provide the op~rator of the disposal sit,e with 

a list setting forth the extremely hazardous w~stes for 

disposal, the amount of stich waste's, the general chemical and mineral composition of such Waste listed by ~pproximate maximum and minimum percentages, and the 

origin of any such waste. Such list, when appropriate, 

, shall include information on antidotes, first aid, or safety 

measures to be taken in case of accidental contact with 

the partic'ular extremely hazardous wa~te being disposed. 

, (2) The department shall adopt and enforce all rules 

and regulations including the form and content of the 

list, necessary and appropriate to accomplish the p~rposes of subsection (1) of this section. [1975-'76 2nd 

ex.s. c 101 § 3.] 

,ReW 70.105.040 Disposal site or Jacility-.,-.,;\cqtiisitio'n-Disposal fee schedule~ (1) The department 

through the department of genera.l administration, is 

authorized to acquire interests in real property from the 

federal government on the Hariford Reservation by gift, 

purchase, lease, or other means; to be used for the purpose of developing, operating, and maintaining an extremely hazardous waste disposal §ite or facility by the 

department, either directly or by agreement with public 

or ,private, per~ons or entities: Provided, That lands acquired under this section shall not be inconsistent with a 

local comprehensive plari approved prior, to January 1, 

1976: And provided furth'er, That no lands acquired under this section shall be subject to land use regulation by 

a local government. 

(2) The department may establish ary appropriate fee 

schedule for use of such disposal facilities to offset the 

cost of administration of this chapter and the cost of development, operation, maintenance, and perpetual management of the disposal site. If operated by a private 

entity, the disposal fee may be such as to provide a reasonable profit. [1975-'76 2nd ex.s. c 101 § 4.] 

lCh. 70.105 RCW-p 2] 

RC~ 70.1()5.05~ Dispo'sal at other than approved
 

site probibited--Exception. No person shall dispose of
 C~I designated extremely hazardous wastes at any disposal
 

site in the state other than the disposal site established
 

and approved .. for such purpose under provisio'ns of this
 

chapter, except when such wastes are going to a pro­


cessing. facility which will result in the waste being re­


claimed, treated, detoxified, neutralized. or otherwise
 

processed· to remove its harmful properties or character­


istics. [1975-'76 2nd ex.s. c 101 § 5.]
 

HCW 70.10~~060 Review of rules, reg~lations, criteria and f~e schedules. All rules, regulations, criteria, and 

fee schedules adopted by the department to implement 

the provisions of, this chapter shall be reviewed by the 

solid waste advisory committee for the purpose of recommending revisions, additions; or modifications thereto 

as provided for the review of solid waste regulations' and 

standards pursuant to chapter 70.95 RCW. [1975-'76 

2nd ex.s. c 101 § 6.] 

RCW 70.105.070 Criteria for receiving waste a( disposaU, site. The department may elect to receive dangerous waste at the site provided under this chapter, 

provided 

(l) it is upon request of the owner, producer, or person having custody of the waste, and 

(2) upon the payment of a fee to cover disposal . 

(3) it can be reasonably demonstrated that there is no 

other disposal sites in the state that will handle such 

dangerous waste, and 

(4) the site is designed to handle such a request or can 

be modified to the extent necessary to adequately dispose of the waste, or 

(5) if a demonstrable emergency and potential threat 

to the public health and safety exists. [1975-'76 2rid 

ex.s. c 101 § 7.] 

RCW 70.105.080 Violations--Civil Penalties-­

Enforcement-,.-;-Procedure. (1) Every person who fails 

to comply with any provision of this chapter or of the 

rules adopted thereunder shall be subjected to a penalty 

in a~ amount of ~ot more than ten thousand dollars per 

day for every such violation. Each and every such violation shall be a separate and distinct offense. In case of 

continuing violation, every day's continuance shall be a 

separate and distinct violation. Every person who, 

through an act of commission or omission, procures, 

aids, or abets in the violation shall be considered to have 

violated the provisions of this section and shall be subjeCt to the penalty he'rein provided. 

(2) The penalty provided for in this section shall be 

imposed by a 'notice in writing, either by certified mail 

~ith return receipt requested or bY'personal service, to 

the person incurring the same from the department, desc'ribing the violation with reasonable particularity. 

Within fifteen 'days after the notice is received, the person incurring the penalty may apply in writing to the 

department for the remission or mitigation of such penalty. Upon receipt of the application, the department 

may remit or mitigate the penalty upon whatever terms 

(1983 Laws) 

c 
Hazardous Waste Disposal 70.105.100 

the department in its discretion deems proper, giving 

consideration to the degree of hazard associated with the 

violation, provided the department deems such remission 

or mitigation to be in the best interests of carrying out 

the purposes of this chapter. The department of ecology 

shall have authority to ascertain the facts regarding all 

such applications in such reasonable manner and under 

such rules as it may deem proper. Any penalty imposed 

by the provisions of this section shall be subject to review by the pollution control hearings board in accordance with chapter 43.21B RCW. 

(3) Any penalty imposed by this section shall become 

due and payable thirty days after receipt of a notice imposing the same unless application for remission or mitigation is made or petition for review by the hearings 

board is filed. When such an application for remission or 

mitigation is made, any penalty incurred pursuant to this 

section shall become due and payable thirty days after 

receipt of notice setting forth the disposition of such application. Any penalty resulting from a decision of the 

hearings board shall become due and payable thirty days 

after receipt of the notice setting forth the decision. 

(4) If the amount of any penalty is not paid to the 

. department of ecology within thirty days after it be­

'comes due and payable, the attorney general, upon the 

request of the director, shall bring an action in the name 

of the state of Washington in the superior court of 

Thurston county, or of any county in which such violator 

may do business, to recover such penalty. In all such actions, the procedure and rules of evidence shall be the 

same as an ordinary· civil action except as otherwise in 

this chapter provided. [1983 c 172 § 2; 1975-'76 2nd 

ex.s. c 101 § 8~]

. Severability-1983 c 172: See note following RCW 70.105.097. 

RCW 70.105.090 Violations--Gross misdemeanor. In addition to the penalties imposed pursuant to 

RCW 70.105.080, any person who violates any provisions of this chapter, or of the rules implementing this 

chapter, and any person who knowingly aids or abets 

another in conducting any violation of any provisions of 

this chapter, o'r of th~ rules implementing this chapter, 

shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not less than 

one hundred dollars nor more than ten thousand dollars, 

and/or by imprisonment in the county jail for not more 

than one year, for each separate violation. Each and every such violation shall be a separate and distinct offense. [1983 c 172 § 3; 1975-'76 2nd ex.s. c 101 § 9.] 

Severability-1983 c 172: See note following RCW 70.105.097. 

• 

RCW 70.105.095 Issuance of order requiring compliance--Penalty for noncompliance--Hearing-­

Appeal to pollution control hearings board. (1) Whenever 

on the basis on any information the department determines that a person has violated or is about to violate 

any provision of this chapter, the department may issue 

an order requiring compliance either immediately or 

within a specified period of time. The order shall be 

(1983 Laws) 

delivered by registered mail or personally to the person 

against whom the order is directed. 

(2) Any person who fails to take corrective action as 

specified in a compliance order shall be liable for a civil 

penalty of not more than ten thousand dollars for each 

day of continued noncompliance. In addition, the de.' 

partment may suspend or revoke any permits and/or 

certificates issued under the provisions of this chapter to 

a person who fails to comply with an order directed 

against him. 

(3) Any order shall become final unless; no later than 

thirty days after the order is served, the person or persons named in the order request a public hearing. The 

request shall be delivered either by registered mail or 

personally to the department. Upon receiving a request 

for a hearing, the department shall promptly conduct a 

public hearing to consider testimony and new information regarding the order. The department may, at its 

discretion, either modify the order or maintain it unchanged. The order shall become effective immediately 

after the department reaches a final decision, unless the 

department modifies the order to specify another compliance date. 

(4) Any person directly affected by a compliance order or by any decision of the department regarding' a 

compliance order may appeal the order or decision to the 

pollution control hearings board in accordance with 

chapter 43.21 B RCW. [1983 c 172 § 4.] 

Severability-.1983 c 172: See note following RCW 70.105.097,.... 

RCW 70.105.097 Action for damages resulting from 

violation--Attorneys' fees. A person injured as a result 

of a violation of this chapter or the rules adopted thereunder may bring an action in superior court for the recovery of the damages. A conviction or imposition of a 

penalty under this chapter is not a prerequisite to an action under this section. 

The court may award reasonable attorneys' fees to' a 

prevailing injured party in an action under this section. 

[1983c172§1.] . 

Severability-1983 c 172: "If any provision of this act or its application to any person or circumstance is held invalid,. the remainder 

of the act or the application of the provision to other persons or cir, 

cumstances is not affected." [1983 c 172 § 5.] 

RCW 70.105.100 Powers and duties of department. 

The department in performing its duties under this 

chapter may: . 

(1) Conduct studies and coordinate research programs 

pertaining to extremely hazardous waste management; 

(2) Render technical assistance to generators of dangerous and extremely hazardous wastes and to state and 

local agencies in the planning and operation of hazar.dous waste programs; . 

(3) Encourage and provide technical assistance to 

waste generators to form and operate a "waste exchange" for the purpose of finding users for dangerous 

and extremely hazardous wastes that would otherwise be 

disposed of: Provided, That such technical assistance 

shall not violate the confidentiality of manufacturing 

processes; and . 

(Cb. 70.105 RCW-p 3] 
70.H)5.100	 Hazardous Waste Disposal 

(4) Provide for ap'propriate surveillance and moriitor~

iog,' of extremely hazardous waste -disposal practices in 

the 'state. [1975-'76 2nd ex.s. clOl § 10.] 

RCW 70.105.il0 Exceptions-other acts not affected; (l ) Nothing in this chapter shall apply to any 

radioactive waste or radioactive materiaL 

(2) Nothing in this chapter shall alter, amend, or supersede the provisions of chapter 80.50 RCW, as now 

existing or -hereafter amended, or grant t~ the department or to the solid waste advisory, committee any authority regardiilg the regulation, certification, 

construction, or siting of thermal power plants, as defined'iri such acts.' [1975:""'76 2nd ex.s. c 101 § 11.] 

,,-.lew' 70.105.120' .Authority' of attorney general. At 

the request of the department, the attorney general is 

authorized to bring such injunctive, declaratory; or other 

actions to enforce any requirement of this chapter. [1980 

c: t"4'4§, 2.] 

, RCW 70.105.130 Department's powers as designated 

agency under federal act. (1) The department is designated as the state agency for implementing the federal 

resource conservation and recovery act (42 U.S.C. Sec. 

6'901 et seq.). . . 

(2) The power granted to the department by thiS s,ection is the authority to: 

} (a) Establish a permit system for owners or operators 

of facilities which treat, store, or dispose of dangerous 

wastes: Provided, That spent containers of pesticides or 

herbicides whiCh have been used in normal farm operations and which are ,not extremely hazardous wastes, 

shall not be subject to the permit syste-rn; 

(b) Establish standards for the safe transp?rt" treat;. 

ment, storage, and disposal of dangerous wastes as may 

be necessary to protect human health and, the 

'environment; , , 

'(c) Establish, to implement this section:, '
 

.(i) A manifest system to, track dangerou~ ~astes; _.
 

(ii) Reporting, monitoring, recordkeepmg" labehl1g, 

sampling requirements; and	 ' , , . ., 

, (iii) Owner, operator, and transporter r.esponslblhty; 

(d) Enter' at reasonable times estabhshm~nts re.gulated under this section for the purposes of mspectlOn, 

monitoring, and sampling; and 

. (e) Adopt rules necessary to implement this section. 

t1980 c 144' § 1.] 

RCW 70.105.140' Rules implemented under RCW 

70.105.13~Review. Rules implementing RCW 70­

.105.130 shall be submitted to the house and senate 

committees on ecology for review prior to being adopted 

in accordance with chapter 34.04 RCW. [1980 c 144 § 

3.] 

RCW '70.105.145 . Department's au'thorityto participate in and administer feder~l .act. The ~epartm~nt of 

ecology is empowered to partiCipate fully m and IS empowered to administer all programs of the ,~cder.al Resource Conservation and Recovery Act, as It eXists on 

lCb. 70.105 RCW-p 41 

July 24; 1983, (42 U.S.C. Sec. 6901 et seq;), contemplated for participation and administration by a state 

under that act. [1983 c 270 § 2.] ­

Severab~lity-1983 c 270: See note following RCW 90.48.260. 

RCW 70.1'05.150 Declaration---Management of 

hazardous waste---Priorities--Definitions. The legislature hereby declares that: 

(1) The health and welfare of the people of the state 

depend on clean and pure environmental resources unaffected by hazardous waste contamination. Management 

and regulation of hazardous waste disposal should encourage practices whiCh re'sult in the least am~unt of 

waste being produced. Towards that end, the legislature 

finds that the following priorities in the management of 

hazardous' waste are necessary and should be followed in 

order of descending priority as applicable: 

(a) Waste reduction; 

(b) Waste recycling;	 , 

(c) Physical, chemical, and biological treatment; 

(d) Incineration; 

(e) Solidification/stabilization treatment; 

(f) Landfill. 

(2) As used in this section: 

(a) "Waste reduction" means reducing waste so that 

hazardous byproducts are not produc~d; . 

(b) "Waste recycling" means reusmg waste matenals 

and extracting valuable materials from a waste stream; 

(c) "Physical, chemical, and biological treatme~t"

means processing the waste, to render it completely 1.nnocuous, produce a recyclable byproduct, reduce tox~city, or substantially reduce the volume of materIal 

requiring disposal; 

(d) "Incineration" means reducing the ~olum~ or toxicity of wastes by use of an enclosed deVice usmg controlled flame combustion; 

(e) "Solidification/stabilization treatment" means the 

use of encapsulation techniques to solidify wastes and 

make them less permeable or leachable; and 

(f) "Landfill" means a disposal facility, or part o~ a 

facility, at which waste is placed in or on land and which 

is not a land treatment facility, surface impoundment, or 

injection well. [1983 1st ex.s. c 70 § 1.] 

l~CW 70.105.160 Waste management study--­

Ad~ption or modification of rules--Recommendations 

to legislature. The department shall c?nduct a study.to 

determine the best management practices for categones 

of waste for the 'priority waste management ~etho?s e~­

tablished in RCW 70.105.150, with due conSideration m 

the course of the study to s'ound environmental management and avaihible technology. As an element of the 

study, the department shall review methods that will 

help achieve the priority of .RCW 70.105.150(1)(a), 

waste reduction. After conductmg the study, the department shall prepare new rules or modify existing r~le.s ,as 

appropriate to promote implementation of the pnontles 

established in RCW 70.105.150 for 'management practices which assure use of sound environmental management techniques and available technology. The 

preliminary study shall be completed by July 1, 1986, 

(1983 Laws) 

c 
Hazardous Waste Disposal 70.105.180 

•
 

and the rules shall be adopted by July 1, 1987. The solid
 

waste advisory committee shall review the studies and
 

. the new or modified rules and submit recommendations
 

to the legislature by January 1, 1988, regarding policy
 

options (such as fee incentives, disposal bans, etc.) that
 

will be used to reduce the production of dangerous and 

extremely hazardous waste in Washington state. [1983 

1st ex.s. c 70 § 2.] 

RCW 70.105.170 Waste management--Consultative services--Technical assistance-Confidentiality. Consistent with the purposes of RCW 70.105.150 

and 70.105.160, the department is authorized to promote 

the priority waste management methods listed in RCW 

70.105.150 by establishing or assisting in the establishment of: (1) Consultative services which, in conjunction 

with any business or industry requesting such service, 

study and recommend alternative waste management 

practices; and (2) technical assistance, such as a to11­

free telephone service, to persons interested in waste 

management alternatives. Any person receiving such 

service or assistance may, in accordance with state law, 

request confidential treatment of information about their 

manufacturing or business practices. [1983 \1 st ex.s. c 70 

. § 3.] 

RCW 70.105.180 Disposition of fines and penalties. 

• 

. All fines and penalties collected under this chapter shall 

be deposited in the hazardous waste control and elimination account, which is hereby created in the state general fund.· Moneys in the account collected from fines 

and penalties shall be expended exclusively by the department of ecology for the purposes of *this act, subject 

to legislative appropriation. Other sources of funds deposited in this account may also be used for the purposes 

of *this act. [1983 1st ex.s. c 70 § 4.] 

*Reviser;s note: "This act n [1983 1st ex.s. c 70] consists of RCW 

70.105.150 through 70.105.180 and an uncodified appropriation 

section. 

•
 

(1983 Laws) ICh." 70.105 RCW-p 51